it isn't just great issues of constitutional import like civil rights which we all think of the segregationists leaving the floor book on the floor of the senate to hold the bills up. they were pretty big bills but now every single nomination, whether it's for a judgeship or for the assistant secretary of commerce is filibustered in effect and held up and on average now, it takes 188 days for a judge to be confirmed. you have a judicial emergency all over the country with not enough judges. i'll say i actually think there is an argument to be made that you want more consensus on judicial nominations perhaps than not because they're for lifetime but these everyday appointments, budget bills routine bills this isn't about deliberation, the world's greatest deliberative body. it is about someone finding a tool and using it to gum things up and it is time to change the tool. >> eliot: fascinating counter point about the judicial nomination. i hadn't thought about it that way. congressman, i want to come back to you for the last question, unfortunately. you have this lawsuit pending which says the f